Oliver v. Carey

January 20, 2009

JAMES OLIVER, PLAINTIFF,v.TOM CAREY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Plaintiff, a state prisoner proceeding in forma pauperis, sought relief pursuant to 42 U.S.C. § 1983. Judgment was entered in this action on March 8, 2007. On March 28, 2007, plaintiff filed a notice of appeal and, on October 23, 2008, an application for leave to proceed in forma pauperis on appeal.

The Federal Rules of Appellate Procedure provide as follows:

[A] party who has been permitted to proceed in an action in the district court in forma pauperis . . . may proceed on appeal in forma pauperis without further authorization unless . . . the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed . . . .

Fed. R. App. P. 24(a). This court has separately found that this appeal is taken in good faith. Since this court has certified that plaintiff's appeal is taken in good faith and has not otherwise found that plaintiff is not entitled to proceed on appeal in forma pauperis, plaintiff's application for leave to proceed in forma pauperis on appeal will be denied as unnecessary.

In accordance with the above, IT IS HEREBY ORDERED that plaintiff's October 23, 2008, application to proceed in forma pauperis on appeal is denied as unnecessary. See Fed. R. App. P. 24(a).

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